Divorce Questions & Answers

Q: I have been separated from my husband for 4 years, I have 2 children within the marriage that are not his I reside in GA

1 Answer | Asked in Divorce for Georgia on Mar 28, 2015

Answered on Mar 31, 2015

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Paula J. Mcgill's answer
You have to make a good faith search to find your husband. You will have to certify with the court the attempts you made to find him. I strongly recommend you consult with local counsel to determine your obligations regarding the search.

Once a good faith search has been made, and you or your attorney certifies your attempts, a judge may grant you permission to serve the complaint by publication. Again, consider consulting with local counsel first. After the consultation, you...

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Q: Can you marry someone else before your divorce is final? My Father married his current wife 3 months before his divorce.

1 Answer | Asked in Divorce for Florida on Mar 28, 2015

Answered on Mar 30, 2015

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Robert Jason De Groot's answer
No. One cannot be married to two people at the same time without violating the law.

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Q: What does it mean when a lawyer files an out of time motion for a divorce? Its been 9 months.it was cut and dry.

1 Answer | Asked in Divorce for Rhode Island on Aug 29, 2014

Answered on Mar 27, 2015

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Neville Bedford's answer
It means that the time to file the documents "in time" (within a prescribed period of time - e.g. 30 days for Decision pending Entry of Final Judgement or within 30 days of three months and one day having elapsed for the Final Judgment) has lapsed. Generally, if the "cut and dry" agreement is still valid, often the parties will sign a stipulation to enter the documents "out of time" so as to achieve the status of a final legal divorce. Otherwise the moving party must appear before the court on...

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Q: Me and my wife are getting a divorce we have lived apart for 7 years how can i add my girlfriend on the house deed

1 Answer | Asked in Divorce for Georgia on Mar 26, 2015

Answered on Mar 26, 2015

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Julie A. Rice's answer
You need to finalize the divorce before you can put your girlfriends name on anything. Get the divorce finalized and see the counsel of an attorney before you do anything so that you know that you have done everything properly.

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Q: If I married in Puerto Rico can I divorce in Florida if we other live here

2 Answers | Asked in Divorce for Florida on Mar 22, 2015

Answered on Mar 25, 2015

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Robert Jason De Groot's answer
People who have been residents of FL for more than six months can file a divorce case here.

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Q: Can Georgia force me to pay child support on children that are not mine?

1 Answer | Asked in Divorce for Georgia on Mar 23, 2015

Answered on Mar 24, 2015

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Julie A. Rice's answer
Take the DNA test for the two children and if they aren't yours, you don't have to pay child support or have any contact with the kids or have any obligation for the kids. You can file for the divorce while she is pregnant but whether or not the issues pertaining to that child can be litigated may have to wait until that child is determined whether or not it is yours.

Your divorce won't be finalized until the last child is born, but you can file and live separately until then.

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Q: My wife and I are getting a divorce but we live together. Can we establish child custody and time-share with

1 Answer | Asked in Divorce for Florida on Mar 19, 2015

Answered on Mar 24, 2015

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John Arthur Smitten's answer
yes.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: what is circumstance for joint custody?

1 Answer | Asked in Divorce for Georgia on Mar 21, 2015

Answered on Mar 23, 2015

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Julie A. Rice's answer
There are two types of custody: Legal and Physical. Either party can ask for joint legal and/or physical custody and that person must show that it is in the best interest of the child that that party had joint custody (legal and or physical) of the child. The key to joint legal is that each party shares an equal amount of time with the child. The key to join physical is that each party gets to either have a say in all matters important to the child such as school, medical, dental,...

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Q: I am still a Georgia resident stationed at Bragg NC over a year now. Can I file in Georgia?

1 Answer | Asked in Divorce for Georgia on Mar 23, 2015

Answered on Mar 23, 2015

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Julie A. Rice's answer
Is your spouse in GA as well and has your spouse lived in GA for more than 6 months? You could possibly submit to the jurisdiction of Georgia and if that is not sufficient for the court then you will need to hire an attorney and invoke the long arm statute to get establish jurisdiction of you in GA.

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Q: What if you're in the middle of a divorce fighting over money & property. But an infant is involved on the outside.

1 Answer | Asked in Divorce for Florida on Mar 20, 2015

Answered on Mar 22, 2015

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Robert Jason De Groot's answer
There is not a question here that I can answer. I need more facts. What do you mean by an infant is involved on the outside?

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Q: default divorce granted

1 Answer | Asked in Divorce for Georgia on Mar 20, 2015

Answered on Mar 21, 2015

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Julie A. Rice's answer
Yes, she can come after you for contempt of anything you did not pay that was court ordered, or for anything that you did not do that was court ordered. If you had a problem with what was court ordered, then you should have filed a motion 11 years ago to open the divorce. You have waited too long for any court to open the divorce at this point so I am afraid that you are stuck with the terms of the divorce. Another attorney may disagree with me, but that is how I see it.

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Q: My wife moved to DC in 2013, we now are going to get a divorce but we have a 10 son who lives with me in GA.

1 Answer | Asked in Divorce for Georgia on Mar 14, 2015

Answered on Mar 19, 2015

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Julie A. Rice's answer
Men can prevail just as well as women in child support cases. If the divorce is in Georgia, then the court is going to look at what is in the best interests of the child. For you to be successful in obtaining full legal and physical custody (and this is what you should go for if you want full custody otherwise you will have a hard time down the road if you later want custody and he has been living with his mom ~ you have the upper hand right now from what you have written here) you will need...

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Q: Absolute Divorce Jurisdiction

1 Answer | Asked in Divorce for Maryland on Mar 12, 2015

Answered on Mar 19, 2015

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Evan M. Koslow's answer
Depends on how long ago the limited divorce was entered. Nevertheless, even if that county has jurisdiction, the county that you and/or the other side now lives in may also have jurisdiction as well (as such providing with you possible options as to where to file).

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Q: I got married last year, we have a newborn, I have a visa. Will they take away my son because I didn't finish college?

1 Answer | Asked in Divorce for Maryland on Mar 15, 2015

Answered on Mar 19, 2015

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Evan M. Koslow's answer
If you have a student visa and you are not a student then it is possible for you to get departed and your son to stay here (your son is a legal American Citizen). You should speak to an attorney who handles immigration law.

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Q: Gotten a divorce for a year now and my husband won't sign he's papers,am I free to get married to some one else ?

1 Answer | Asked in Divorce for Maryland on Mar 18, 2015

Answered on Mar 19, 2015

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Evan M. Koslow's answer
What papers is he not signing? To get a divorce a Court must enter a Judgment of Absolute Divorce. Your husband does not have to sign that Judgment only a judge does. If a judge has not signed and you have not received from the court a Judgment of Absolute Divorce you are not divorced and therefore you are not free to get married to someone else.

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Q: So I didn't know I could say no to signing a mediation agreement . how do I go back on having signed it ! I wasn't aware

1 Answer | Asked in Divorce for Colorado on Mar 2, 2015

Answered on Mar 18, 2015

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Stephen J. Plog's answer
In most cases, courts will view a signed mediation agreement as being binding. However, there are instances in which a court might choose to not adopt such an agreement. If the agreement relates to finances and there was inadequate financial disclosure a court might negate that agreement. If the agreement is grossly unfair as relates to property, alimony, etc., a court might void the agreement. If the agreement includes child support or custody terms which are either contrary to statute or...

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Q: Can an attorney's paralegal serve you legal documents to the opposite party

1 Answer | Asked in Divorce for Colorado on Jan 28, 2015

Answered on Mar 18, 2015

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Stephen J. Plog's answer
There is a strong argument that since the paralegal is just an extension of the attorney's office or firm, service by a paralegal is problematic. I have never seen a situation in which an attorney uses his or her paralegal for service. Court documents, such as initial divorce papers, are often served, or sent out for service, prior to the actual court case being filed. Once filed, a case number will be generated by the court and notice of a court date will also ultimately be provided. In...

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Q: Can my husband and I supsend our divorce in Colorado as we are trying to work things out? We need more time.

1 Answer | Asked in Divorce for Colorado on Dec 15, 2014

Answered on Mar 18, 2015

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Stephen J. Plog's answer
Though courts will often time push to get cases concluded, court will also allow parties to a divorce case to put the case on hold for a reasonable amount of time, such as 60 to 90 days, if the parties are attempting to reconcile. To get the case put on hold for a while, a joint motion setting forth the reasons for the request will need to be filed with the court.

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